State v. Evans, 2012 Ohio 5099

Evans pled guilty in Oct. 2009 to one count of non-support of dependants, with two related counts dismissed; restitution of $13,229.21 was ordered.
The court imposed five years of community control, including required child support payments and restitution; warned of up to 11 months in prison for violation.
In July 2011 a CCS revocation notice alleged violations of employment, support, costs, and supervision fee payments; an amended notice added positive drug test and Goodwill Easter Seals program absences.
An Oct. 27, 2011 revocation hearing found violations; Evans was sentenced to 11 months in prison and $12,100.17 restitution, with potential post-release control for three years.
Evans appealed after revocation; Andersen brief filed, but Evans later completed the sentence (Sept. 2012) and is no longer an inmate or under post-release control, rendering the appeal moot without a non-frivolous issue for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of the revocation/sentence appeal	Evans completed the sentence; no remedy remains.	Not expressly presented in the record.	Appeal moot; no meaningful remedy.
Continuing effect of restitution	Restitution may have ongoing effect.	Not argued for non-merit.	Any restitution issue lacks arguable merit.

Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (independent review standard for Anders-type appeals)
State v. Bell, 2011-Ohio-6799 (2d Dist. Montgomery 2011) (remedy may be moot if sentence completed)
State v. Kinnison, 2011-Ohio-6324 (2d Dist. Darke 2011) (mootness principles in post-sentence appeals)
State v. Johnson, 2007-Ohio-780 (11th Dist. Lake 2007) (review limits when underlying conviction not at issue)
State v. Money, 2010-Ohio-6225 (2d Dist. Clark 2010) (dismissing appeal as moot when inmate not on post-release control)
Anders v. California, 386 U.S. 738 (U.S. 1967) (allowance of appellate counsel to withdraw when no meritorious issues)